What is the test for establishing a gift?
British Columbia, Canada
The following excerpt is from Singh Estate v. Shandil, 2005 BCSC 1448 (CanLII):
The law is clear that two elements must be present to establish a gift: (a) The donor must have intended to make a gift; and (b) The donor must deliver the subject matter of the gift to the donee. See Kooner v. Kooner (1979), 1979 CanLII 448 (BC SC), 100 D.L.R. (3d) 76 at 79 (B.C.S.C.).
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